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SB 1012

Elections: primary; nomination process for secretary of state and attorney general; modify. Amends; adds & repeals (See bill). TIE BAR WITH: SJR I'26

2025-2026 Regular Session Introduced by Ed McBroom

Starting in 2027, parties nominate secretary of state and attorney general via primary, with August primaries and centralized party-driven nomination processes.

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Bill Summary · SB 1012

Overview

SB 1012 (2025-2026, Michigan) amends the Michigan Election Law (1954 PA 116) to overhaul the primary nomination process for the offices of secretary of state and attorney general, and to modify related provisions governing party nominations, canvassing, and certain state university and education board appointments. The bill introduces a shift toward partisan primaries for these two offices starting in 2027, reorganizes how nominations are determined at the party level, and adjusts timing, filing, withdrawal, and ballotprinting rules. It also links to a potential constitutional change via a tie bar with SJR I’26 (not included here but noted).

Main purpose and intent

  • Establish a system in which, starting in 2027, party electors vote in a general primary for candidates for secretary of state and attorney general.
  • Centralize and formalize the nomination process at the party level (conventions, canvassing, petitioning) and create clear timelines for nominating procedures.
  • Create procedures to handle withdrawals, vacancies, and contingencies (e.g., no candidate, death, or withdrawal after petitions).
  • Require the secretary of state to print ballots reflecting party nominees and provide mechanisms to fill vacancies on ballots if a candidate dies or withdraws after filing.
  • Expand the scope of the general primary to include secretary of state and attorney general starting in 2027, aligning with other statewide offices for primary voting.

Key provisions and changes

  • Structure of the elections office:

    • The Director of Elections (appointed by the secretary of state) would oversee election law administration under the secretary of state’s supervision and serve as a nonmember member of the State Board of State Canvassers.
    • The Director would prepare and certify a neutral, impartial ballot statement for constitutional amendments or questions, replacing certain prior processes.

  • Primary nomination changes (begins 2027):

    • Sec. 72/72a: By 2027, political parties nominate candidates for lieutenant governor, secretary of state, and attorney general at their fall state convention. Beginning 2027, the August primary would allow qualified and registered voters of each party to vote for party candidates for secretary of state and attorney general (subject to caucus/convention rules for certain parties per section 532).
    • Primary timing: General primary election held on the Tuesday after the first Monday in August (before general November election); these offices would be included in the primary slate.

  • Nomination and canvassing timelines (post-convention):

    • Sec. 73/73a: After the fall convention, party central committees determine the convention nominees for the specified offices. They must submit the nominees to the Secretary of State within one business day after the convention.
    • Nomination petitions: Beginning 2027, nominating petitions are required for secretary of state and attorney general, with specified petition signature requirements (minimums, district distribution, and form). Filing deadlines extend to the fifteenth Tuesday before the August primary (4 p.m. cut-off).

  • Withdrawals and vacancies:

    • Sec. 74/74a: Nominees may withdraw within strict deadlines after conventions; 2027 changes tighten withdrawal windows (e.g., fourth business day after convention, and certain days post-petition filing for withdrawals).
    • If no candidate exists for a party for secretary of state or attorney general, ballots must allow write-ins (Sec. 74b).
    • If a nominated candidate dies or withdraws after petition filing, the party may appoint a replacement, and the name must be printed on ballots (Sec. 74c).

  • Certification and voting outcomes:

    • Sec. 74d/74e: The party nominee receiving the greatest number of votes in the general election for secretary of state or attorney general becomes the party’s nominee for the office in the next general election, with immediate certification by the Board of State Canvassers to the Secretary of State.
    • Sec. 74f: Once a nominating petition is filed and a party nominee is established, withdrawal is restricted unless the candidate leaves the state or becomes physically unfit (with certain exceptions).

  • Related election law sections updated:

    • Provisions related to school boards and university boards (Sec. 281-295) outline nominating procedures, withdrawal windows, vacancies, and certification for state board of education, and university boards (Michigan, MSU, U-M, Wayne State), aligning their processes with the broader nomination framework.

  • Petition and signature requirements:

    • Sec. 590a/590b: Petition formats and signature requirements for statewide and district offices, including a minimum signature threshold tied to governor election totals and additional provisions for nationwide or district-wide petitions (including a 180-day signature window).

  • Ballot ordering and counting:

    • Sec. 643, 697: Ballot order for offices and related election sequencing, ensuring consistency in how statewide and local offices appear on ballots.
    • Sec. 828: Transmission of canvass results to the Secretary of State with certified copies of statements for the proper offices and constitutional questions.

Who and what is affected

  • Political parties: Changes to nominating conventions, central committee canvassing, petition requirements, withdrawal rules, and balloting for secretary of state and attorney general.
  • Qualified and registered voters: Authorized to participate in August primaries for secretary of state and attorney general starting in 2027 (alongside other statewide primaries).
  • Secretary of State and state election infrastructure: Increased responsibilities for printing ballots with party nominees, handling replacements, and certifying results to the state canvass board.
  • State universities and education boards: Administrative alignment of nominating and vacancy processes for the state board of education and university boards (U-M, MSU, Wayne State).
  • County clerks and boards of canvassers: Responsible for printing, distributing ballots, canvassing, and transmitting certified results in line with the new procedures.

Procedural and timeline highlights

  • Effective date contingent on constitutional amendment (tie to SJR I’26): The act’s operative provisions hinge on the state constitution regarding the specified sections.
  • Transition timeline:
    • 2027: Full implementation of primary voting for secretary of state and attorney general; nominating petitions required; post-convention canvassing and timely transmission of nomination lists.
    • Post-2027: Ongoing administration of nomination, withdrawal, vacancy, and ballot printing under the revised framework.
  • Filing deadlines:
    • Nominating petitions due up to 4 p.m. on the 15th Tuesday before the August primary, beginning 2027.
    • Withdrawals have specific post-convention deadlines (typically within a few days after conventions, with additional windows after petitions).

Note: The bill references a constitutional tie bar with SJR I’26, meaning full effect depends on concurrent constitutional changes approved by voters.

Compiled from official sources — confirm details with the bill’s official record.

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